Last Modified: December 23, 2019
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By using our Site, you consent to our collection, use and disclosure of your information, including Personal Information (defined below), as described in this Policy. Your use of our Site is subject to this Policy. This Policy may change from time to time. Your continued use of our Site after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
Information we collect
We may collect information directly from you, automatically through your use of our Site, and from third parties. We may combine all of information we collect about you from these various sources.
- Information we collect directly from you. Depending on how you use our Site, you may provide us with certain information that can identify you as an individual, such as your name, email address, phone number, credit or debit card information and shipping or billing address (collectively, “Personal Information”). We will also collect any other information that you choose to provide to us through our Site (e.g., contents of messages you send to us through our Site).
- Content that you provide. You may upload comments, reviews, graphics, photos or other materials to the Site (“Content”). If you post Content on our Site, the Content (e.g., t-shirt designs or photos submitted as part of a contest), as well as other information (e.g., user name or profile picture), may be available to all visitors to our Site, and we cannot prevent such Content or information from being used in a manner that may violate this Policy, our Conditions of Use, the law, or your personal privacy.
- Information we collect about you from third parties. We may collect information about you from third parties. For example, we may collect demographics information from public sources and from third-party data and analytics companies. In addition, we may collect information about you from other Kustom Koozies users (e.g., if one user ships a package to another user).
- Information we collect automatically through your use of our Site. We may automatically collect information about your use of our Site and your orders, including but not limited to your Internet protocol (“IP”) address; the type of web browser you are using; the website that led you to our Site; the website you visit after leaving our Site; the pages you view on our Site; the dates and times you access our Site; and information about any orders you place, such as your order identification number, items ordered and the cost of your order.
How we use your information
Kustom Koozies may use your information, including Personal Information and/or Content, for the following purposes:
- Providing our services. To facilitate your orders and administer your account; to respond to your questions or requests; to provide you with news or other information we think may interest you; to communicate with you about your account, orders or use of our Site or for other informational purposes; to improve our services; and for other account or customer support-related purposes. Please note that we use your email address to save and identify your products designs on our Site, and so please be aware that your designs can be viewed on the Site by anyone who enters your email address.
- Marketing and advertising. To provide you with special offers, product information and other marketing or promotional communications from Kustom Koozies or from other third parties. We may provide marketing or advertising to you in a variety of ways, including through our Site, via email or on other third-party websites (e.g., using Google Customer Match or Facebook ads). See our Online Advertising and Your Choices sections below for more information.
- Research and analytics. To analyze how customers use our Site, services and products; to analyze how customers interact with marketing or other communications we send to them; and for other research, analytical and statistical purposes. This research may include creating profiles to help us analyze or predict your personal preferences or interests for marketing purposes.
- Protecting rights and interests. To investigate, protect or defend the rights, safety or property of Kustom Koozies, our customers or the public; to investigate or enforce perceived violations of our Conditions of Use or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
How we share your information
Kustom Koozies may share your information, including Personal Information and/or Content, with the following types of third parties:
- Service providers. Kustom Koozies may share your information with third-party service providers, vendors, agents, contractors or others who perform functions on our behalf. For example, we may use service providers to process your orders, deliver packages or send mail. We will obtain consent for such sharing with service providers where legally required. We enter into written agreements with these third-party service providers requiring them to provide the same level of protection for your Personal Information as provided under this Policy and limiting their use of your Personal Information to the specified services provided on our behalf.
- Corporate affiliates. Kustom Koozies may share your information with any current or future parent company, affiliate or subsidiary.
- Other unaffiliated third parties. Subject to applicable laws, Kustom Koozies may share your information directly with third parties, including so they may send you marketing offers directly. The information that we share with such third parties may include, without limitation, your email address, billing address, shipping address and order information (e.g., total price).
Kustom Koozies may also share your information, including Personal Information and/or Content, in the following contexts:
- Protecting rights and interests. Kustom Koozies may share your information with law enforcement agencies and others as we deem appropriate to investigate, protect or defend the rights, safety or property of Kustom Koozies, our customers or the public; to investigate or enforce perceived violations of our Conditions of Use or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
- Sale or acquisition of assets. Kustom Koozies may share your information if we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, if we are transferred to another company, in the event of a bankruptcy, or as part of any other business transfer. If the surviving entity in such a transaction is not Kustom Koozies, the surviving entity may use your information pursuant to its own privacy policies, which may be different from this Policy.
- Legal compliance. Kustom Koozies may share your information to comply with laws, regulations, legal process (e.g., a warrant or subpoena) or guidance; and to respond to governmental requests (e.g., requests from a regulator).
- Aggregate or anonymous information. Kustom Koozies may share anonymized or aggregated information about Kustom Koozies users to third parties without restriction. For example, we may share anonymized or aggregated information to inform a third party’s decision on whether to place advertisements on our Site or on other websites. These companies may use such information about your visits to the Site and other websites to provide advertisements on the Site and other websites.
Cookies and other tracking mechanisms
We may automatically collect information about you through the use of common information-gathering tools, as well as new tracking technologies that develop as technology evolves. The tools that we or our service providers may use to track you include the following:
- Web beacons/clear GIFs. Clear graphics interchange format images (“GIFs”) are tiny graphics with a unique identifier, similar in function to cookies, that are embedded invisibly on web pages or in emails. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with our Site to track the activities of visitors to our Site, help us manage content and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in emails to our users, to help us track email response rates, identify when our emails are viewed and track whether our emails are forwarded.
California do not track disclosure
Our Site does not respond to do not track signals (e.g., the Mozilla Firefox Do Not Track Feature) though you may be able to disable certain tracking as discussed above (e.g., by disabling cookies).
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or advertisements to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. Please note that even if you opt out, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
The service providers we use for online advertising may change. However, for your convenience, here are the opt outs for some of the advertising service providers we use as of the “Last Modified” date of this Policy:
- Account information. If you ever wish to access your Personal Information, update your Personal Information or cancel your account, please contact us at [email protected] or through the contact information below. Please note that we may maintain copies of your information and Content even after you have updated the information or canceled your account.
- Communications from Kustom Koozies. We may send periodic promotional or informational emails to you, about Kustom Koozies and other third-party information and offers. In the event you do not wish to receive such emails from Kustom Koozies, you may opt out of such communications by following the opt-out instructions contained within the body of any email message you receive or by emailing us at [email protected] and requesting that you no longer receive communications from us. It may take us up to ten (10) business days to process your opt out request. Even if you have opted out of receiving marketing and promotional emails from us, we may still send you transactional emails, such as emails about your account or the services you have requested from us.
- Communications from Third Parties. You may also opt out of our sharing your information with third parties for their own marketing purposes on a going forward basis by emailing us at [email protected] Please note that once we have shared your information with a third party, such information is subject to that third party’s privacy policies and practices.
- Online advertising. Please see our Online advertising section above for more information about your choices regarding online interest-based advertising.
Our Site is maintained in the United States of America. The information we collect from you through our services may be transferred to, stored at, and processed in the USA and other destinations outside the European Economic Area (“EEA”) or other country in which you are located. This includes processing by us, our affiliates, our third party service companies and other third parties as described in this Policy. You explicitly consent and agree to such transfer, storing and/or processing of your Personal Information outside the EEA or other country in which you are located. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA. The USA may not have data protection laws that are as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Information will at all times be in accordance with this Policy.
Your European privacy rights
If you are a resident of the European Union, you have certain additional rights with respect to your Personal information under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), including the following:
- The right of access to your Personal Information.
- The right to rectify your Personal Information if it is incorrect or incomplete.
- The right to have your Personal Information erased (“right to be forgotten”) if certain grounds are met.
- The right to withdraw your consent to our processing of your Personal Information at any time (if our processing is based on consent).
- The right to object to our processing of your Personal Information (if processing is based on legitimate interests).
- The right to object to our processing of your Personal Information for direct marketing purposes.
- The right to receive your Personal Information from us in a structured, commonly used and machine-readable format, and the right to transmit your Personal Information to another controller without hindrance from us (data portability).
If you are located in the European Union and you are or have been our customer, we may send you marketing communications based on our legitimate interests, subject always to your right to opt out of such communications. Further, if you are located in the European Union, we will never share your personal information with a third party for such third party’s marketing purposes, unless you have specifically consented to us doing so.
You may contact us at [email protected] to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances we may charge a reasonable fee for access to your Personal Information.
Furthermore, if you believe that our processing of your Personal Information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country.
For purposes of the GDPR, we are a “controller” and you are a “data subject.”
Your California privacy rights
If you are a California resident, you may request certain information regarding our disclosure of your Personal Information to third parties for their direct marketing purposes under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83). You may make one (1) request per calendar year. In your request, please affirm that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: [email protected] Please allow up to thirty (30) days for a response.
Our Site is not targeted to children under thirteen (13) years of age and we do not knowingly collect Personal Information from children under 13. If we discover that we have inadvertently collected Personal Information from a child under 13, we will promptly take measures to delete that Personal Information from our systems. In the case of residents of the European Union, we do not collect Personal Information from anyone under the age of 16 except with parental consent, subject to an EU member state providing by law for a lower age (not below 13 years).
Our Site may contain links to other websites. Your use of an external website is subject to and governed by the terms and policies of that website. Kustom Koozies is not responsible for the privacy practices of such other websites. We encourage our users to read the privacy statements of each and every website they visit.
We have implemented technical and organizational measures, appropriate to the risk, to protect your information against accidental or unlawful destruction, loss or alteration and unauthorized disclosure or access. For example, we limit internal access to our servers and have physical, electronic, and administrative safeguards in place that are designed to protect your information. However, the transmission of information via the Internet is not completely secure, and we cannot guarantee the security of information transmitted through our Site. We cannot ensure or warrant the security of any such information, and you provide such information at your own risk.
You can also take steps to help protect your information. For example, if you have an account with us, you should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private.
We retain your Personal Information, if provided by you through our Site, for as long as your inquiry is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. We also may retain your Personal Information for a longer period of time on the basis of our legitimate interests in providing our Services to you or as necessary to comply with our tax and legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregated or anonymous data previously collected so that it can no longer be used for personal identification and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
Changes to this Policy
This Policy was last updated as of the “Last Modified” date above. Kustom Koozies may modify this Policy at any time and will post any updates to our Site. We therefore encourage you to review this page frequently for any changes.
Contacting Kustom Koozies
If you have any questions or comments about this Policy, or to exercise your rights under this Policy, please contact us using the information below.
3125 Gresham Lake Road
Raleigh, NC 27615